23 

D9 
y 1 



How THE 
GOVERNMENT 
GRANTS 
MONOPOLIES 



f 



DUNN & TURK 

Counselors-at-Law 

and Solicitors of Patents 

13 to 31 Park Rov/ 

NEW YORK 



HOW THE GOVERNMENT 
GRANTS MONOPOLIES 



DUNN & TURK 

Counselors-at-Law and Solicitors of Patents 



13-21 PARK ROW 
NEW YORK 



LIBRARY of JONSHtSSj 


fwo Oopies 


ftecwyBU 


JUN a; 


1905 


COPY B. 



Copyright, 1905 
By Dunn & Turk 



^ 



PRESS OF 

THE NEW Era Printing Compaiik, 
Lancaster. Pa 



CONTENTS. 

Page. 

Appeals i6 

Applications 12 

Assignment 10 

Attorneys 20 

Caveats 18 

Charges 32 



Claims 



13 



Copies of Patents , 

Copyright 28 

Who may obtain 28 

What may be coyprighted 29 

When to secure 30 

How to secure 30 



Notice of. 



Term of. 32 

Transfer of 32 

Design Patents 19 

Diligence, Importance of 22 

Drawings 13 

Foreign Patents 17 

Infringements of Patents 23 

Infringements of Trademarks 27 

Interferences 21 

Labels, Protection ag 

Licenses 11 

Marking Articles Patented 21 

Mortgages upon Patents 11 

Novelty of Invention 17 

Patent, Nature of S 

Is it worth while to obtain 6 

Can a patent be obtained 7 

What may be patented 8 

Who may apply 9 

Personnel of our firm 33 

Preliminary Examination 8 

Reissues 19 

Specification 12 

Suits for Infringement 23 

Trademarks 24 

Infringement of 27 

Information required to register 26 

Advantages of registration 25 

Assignment of 26 

Unfair Competition 27 



PREFACE. 

Nearly eight hundred thousand patents for 
useful inventions have been issued in the 
United States since the beginning of our 
national history. The inventors might be 
found in all occupations and professrons. The 
inventions protected by these patents have 
laid the foundation for the preeminent in- 
dustrial position now occupied by this country, 
and it is our w^ise and liberal patent laws that 
have encouraged inventors to devote their 
energies to the development of these inven- 
tions. 

The conditions governing the granting of 
patents are of general interest and every 
manufacturer and business man as well as 
every inventor should have some knowledge 
of them. This pamphlet gives, in a condensed 
manner, the information most frequently 
asked for and it is hoped that it will be found 
of use. 

The registration of copyrights and trade 
marks is also discussed. 

The new trade mark law which became 
effective April ist, 1905, has attracted much 
attention to this subject and the liberality of 
its provisions has already caused many to 
avail themselves of its benefits. 

DUNN & TURK, 

Attorneys and Counselors of Law, and Solicitors of Patents 
13-21 Park Row, New York 
5 



PATENTS. 

A patent is a contract be- 
Nature of patent, tween the Government and 
the inventor, whereby the 
Government grants to the inventor the full 
and exclusive right to make, use and sell the 
invention, throughout the United States and 
Territories for a specified number of years. 

The consideration for this grant is the full 
disclosure of the nature of the invention and 
of the best manner of using it, which dis- 
closure enables the public to obtain its benefits 
upon the termination of the inventor's exclu- 
sive rights. 

The question may be asked why is not the 
owner of the patent always successful in suits 
for infringement of patents, and the answer 
is plain, that the laws only give exclusive 
rights to those who have invented new and 
useful devices, and if it is proven to the satis- 
faction of the Court that the device was 
published or publicly used by others before 
the invention thereof by the patentee or more 
than two years before he applied for his 
patent, the Court would declare the patent 
invalid. It frequently happens also that the 
claims of patents are unskilfully drawn, so 
that parties, by means of changes in the mech- 
anism, are enabled to produce a device which 
contains the principle of the invention but is 
not included in the language of the claims, 
7 



and they thereby reap the fruit of the inven- 
tor's labor, without paying the proper tribute. 
Again the owners of patents may try to ex- 
pand the claims so as to cover later inventions 
in the same line, which the original inventor 
had not foreseen and to which he is not enti- 
tled. The rule is that every United States 
patent is prima facie valid for what its claims 
cover. By this is meant that its validity is 
assumed until and unless the fact of invalidity 
is conclusively proven. 

, -x ^^ ,.•, A. While the majority of in- 
Is it worth while to , ,.,,,. 

obtain a patent? ventors have decided this 
question for themselves 
(over 50,000 applications for patents having 
been filed during the year 1904), there may 
be some who are not aware of the full bene- 
fits which the Government confers upon in- 
ventors. 

Every patent confers upon the patentee, his 
heirs and assigns, the exclusive right to make, 
use and sell the invention or discovery 
throughout the United States and the Terri- 
tories thereof, for the term of seventeen years. 

The Supreme Court of the United States, 
in a recent case held' that "the very object 
of these laws is monopoly" and that the 
patentee in his dealings with a licensee under 
his patent could enforce any agreement not in 
itself illegal, into which the parties had en- 
tered and that " the fact that the conditions 
in the contracts keep up the monopoly or fix 
prices does not render them illegal." 

In another case it was held that a patentee 



who sold a patented machine at a reduced 
price in consideration of the agreement that 
it should only be used with material (wire 
staples) purchased from him, could stop other 
parties from furnishing such material for use 
in said machine. 

Therefore it will be seen that by obtaining 
a patent for the invention, the inventor may 
put it to use and at the same time retain abso- 
lute control over it. 

The Courts are quick to protect the rights 
of meritorious inventors and in addition to 
enjoining infringements upon patents will 
award heavy damages for such invasion of the 
inventor's rights. 

It is true that an inventor may make use 
of his invention where the same is a machine 
or a process secretly, and thereby for a time, 
perhaps, retain exclusive control over it. But 
such a course is risky. It is seldom that an 
invention can be worked without the assist- 
ance of outsiders, and the possibility always 
exists that if knowledge of the invention leaks 
out it may be too late for the inventor to 
obtain a patent if he would. 

There is always the liability that another 
independent inventor may make the same in- 
vention and apply for a patent for it, and 
this might result in the earlier inventor for- 
feiting his rights. 

The simplest way of de- 
Can a patent be ^^^. ^j^jg question is to 
obtained? , ? , ^. 

submit a drawing, if such is 

possible, and a rough description of the in- 



vention to a reliable attorney, telling him 

just what the points of improvement are and 

the advantages to be obtained. He will tell 

you if the invention is patentable. 

In many cases it may be 

re nary advisable to examine pat- 

examinations. , , , . -^ , 

ents that have been issued 

to see if the invention is new or whether 
there is anything in the art approaching it. 
We will, when desired, make such examina- 
tion and frequently recommend it. The cost 
is not great but varies with different cases. 
We will, when requested, estimate such cost 
as nearly as possible. 

Every endeavor is made to obtain accuracy 
in making these searches, but owing to the 
immense number of patents issued (nearly 
800,000), and other conditions, the result of 
such preliminary examination cannot be guar- 
anteed. 

Should any prior patents be found, which 
may affect the inventor's right to obtain a 
patent, we will send copies of them with our 
report of the search, wherein we will give our 
opinion as to the patentability of the inven- 
tion. 

The usual charge for a preliminary ex- 
amination is $5. A sketch and brief descrip- 
tion, of the invention should be sent to en- 
able a search to be made. A report may 
usually be expected in a week. 

Patents may be obtained 
^^tenter* for inventions relating to 
machines, manufactured ar- 
10 



tides, chemical processes, methods of manu- 
facture, electrical apparatus, chemical com- 
pounds, compositions of matter, etc. They 
may also be obtained for improvements upon 
existing methods, devices, etc. 

New designs for manufactured articles, 
may also be patented, provided they possess 
some degree of ornamentation. 

To obtain a valid patent 

Who may apply ^^^ ^^ invention in the 
for a patent? __ . , ^ 

United States, the applica- 
tion must be made by the actual inventor if 
he be living. Patents cannot, therefore, be 
applied for in the name of a firm, although 
the rights in an invention or a patent may be 
assigned to the firm. 

Should there be several persons who have 
jointly produced the invention, the application 
for patent must be made by them jointly. 
One of them cannot obtain a valid patent for 
the joint invention, even with the consent of 
the others. 

Should there be any doubt as to who is the 
proper person to apply for a patent, in con- 
sequence of the device embodying suggestions 
made by others it is advisable to lay the facts 
before your attorney for his advice. Gen- 
erally, suggestions as to improved details in 
construction, made by one employed to con- 
struct the invented device, are to be regarded 
as part of the original invention. 

Should the inventor die before applying for 
a patent, his executor or administrator may 
II 



make the application, and the patent when 
issued will enure to the benefit of his heirs 
at law or devisees. In case of insanity the 
application may be made by the guardian or 
committee. Minors may apply for patents 
for their inventions and this right is also ex- 
tended to aliens. 

The inventor may trans- 
Assignments, fer all or any part of the 
title to the patent to such 
person, firm or corporation as he may de- 
sire. This may be done after the issue of the 
patent or at the time of making the applica- 
tion. A written assignment is essential. If 
it is desired that the patent should issue to 
the assignee, this assignment should be made 
before the patent issues, and a request to that 
efifect should be embodied in the assignment. 
The assignment should sufficiently describe 
the application or patent so that it may be 
positively identified. 

It is advisable that these assignments be 
prepared by a lawyer familiar with patent 
law. The fees for preparing them are usually 
moderate. 

It is recommended that assignments be re- 
corded within three months from their date, 
by reason of that provision of the law which 
makes them void as against a subsequent pur- 
chaser or mortgagee of the patentee, for a 
valuable consideration and without notice, 
unless they are recorded within such time. 
All transfers destined for record in the 



Patent Office must be in the English lan- 
guage. 

Patents may also be mort- 
Mortgages upon ^ ^^ ^^ ^^^^^ ^^ j^ ^^^ 

patents. f , - j. 

by a mortgage assignment. 

The provisions as to recording assignments 
apply to a mortgage. 

Where the inventor de- 
Licenses, sires to retain the title to the 
patent in his own name, but 
to grant others the right to make, use or sell 
the invention he may do so by a license. 

A license may convey the right to use the 
invention only, or to make or to sell it or 
all of these rights. 

It may convey the exclusive right to do 
any or all of these things, for any desired 
length of time or for any desired territory. 
It may restrict the use of the invention to 
one shop or one machine. It may be granted 
upon payment of a lump sum or for a continu- 
ing royalty. It may be made transferable or 
not, and by properly drawn licenses owners 
of patents may control the price at which the 
patented articles are marketed. 

Care should be taken in drawing licenses 
for a term of years, providing for a continuing 
royalty, that the invention is protected against 
the non-use of the invention. 

It is important that certain grants or con- 
veyances of exclusive rights under the patent 
should be recorded. 

It is also recommended that all assignments, 
grants and conveyances, affecting the title to 
13 



a patent should be executed and acknowl- 
edged before a Notary Public, or if made in 
a foreign country, before the United States 
Consul. 

An application for a pat- 
Application for a g^^ .^ ^jj ^^g^g requires a 
patent. . . .^ . 

petition, specification and 

oath, each of which must be signed by the 
applicant. In cases which admit of illustra- 
tion a drawing must also be furnished. 

These papers must all be prepared accord- 
ing to the Patent Office rules, otherwise the 
application may not be filed. They must be 
accompanied by $15, which is the Govern- 
ment filing fee on applications for patents for 
inventions. 

An applicant for a patent, or the assignee 
of the entire interest is permitted to prose- 
cute an application, but the Commissioner of 
Patents advises him " unless familiar with 
such matters, to employ a competent attorney, 
as the value of patents depends largely upon 
the skillful preparation of the specification 
and claims." (Rule 17). 

Neglect of this admonition often results in 
the loss of rights which may be valuable. 

This includes a carefully 
Specification. and correctly drawn de- 
scription of the invention in 
technical terms with reference to the draw- 
ing. The points of improvement are detailed 
and the construction and operation of the de- 
vice fully described, so that a person skilled 
in the art to which it relates could construct 
14 



it. A concealment of any material matter 
relative to the invention may invalidate the 
patent. 

The claims must be drawn 
Claims, to distinguish the invention 

from what is old. Their 
preparation is a matter requiring the highest 
degree of skill for upon them wholly rests 
the inventor's protection. It is therefore of 
the utmost importance that the claims be 
adequate to fully protect the invention. Many 
valuable inventions have been lost through 
failure to include claims properly covering the 
invention, which might have been had for the 
asking. Narrow or restricted claims are much 
easier to draft than are broad comprehen- 
sive claims, and are likewise much easier to 
obtain an allowance of. 

Should an inventor describe a new and 
valuable invention, which he neglects to claim, 
the omission to include such claim would 
not be called to his attention by the Patent 
Office and he would abandon such matter by 
allowing it to be published in the patent 
without claiming it. 

In disposing of a patent, one having broad 
claims which completely cover the invention 
is valuable and eagerly sought after, whereas 
one with claims unnecessarily restricted is of 
much less and sometimes of no value. 

When an invention can be 

Drawings. illustrated by a drawing, 

such drawing must be filed 

as a part of the application. The size 

IS 



of the drawings, manner of illustrating the 
invention, paper, etc., are subjects of regula- 
tion by Patent Office rules and its require- 
ments must be observed in every particular. 
In applications for patent prepared by us the 
cost of making the drawing is included in 
the attorney's fee. 

The application is taken 

Patent Office. J^^ . . , ■' 

Exammer m the patent of- 
fice and examined as to the correctness of 
the. description and drawing, and as to the 
propriety and patentability of the claims. 

Any prior patents, domestic or foreign 
which may conflict with applicant's claims are 
called to his attention and an opportunity is 
given to amend or change the claims objected 
to, so that they shall distinguish the matter 
claimed from such prior patents. 

The drafting of such amendments to claims 
is a matter of moment and should be done 
only by a skilled person. Particular atten- 
tion is paid by the courts to statements placed 
in a claim in order to overcome the objections 
of the Examiner, even should said statements 
have been made needlessly. An applicant, 
who, after the rejection of a broad claim by 
the Examiner upon some prior patent which 
the Examiner thinks meets its language, in- 
serts in such claim limitations by way of 
statements as to particular devices, for the 
purpose of obtaining the allowance of a claim, 
will never afterward be permitted to say that 
such limitations are immaterial or to give 
i6 



said amended claim a construction as broad as 
the original claim. 

Amendments may be made until the Ex- 
aminer finally rejects the application, and even 
after the appHcation is allowed. In the latter 
case, however, the assent of the Commissioner 
of Patents must first be obtained. 

The preparation of the necessary amend- 
ments and the study of the prior patents 
cited by the Examiner are included by us in 
the attorney's fee. 

Should the appHcation be finally rejected 
by the Examiner, an appeal may be taken, as 
hereinafter explained. 

All applications which have been rejected 
by the Patent Office must receive suitable 
action within one year from the date of such 
rejection. Failing this the application will 
be regarded as abandoned and can only be 
revived by filing a new application with new 
papers and again paying the Government fee 
of $15. 

After the allowance the inventor is per- 
mitted to delay paying the final Govern- 
ment fee of $20 for not more than six 
months. Should he delay longer than that he 
must file the application anew, in which case 
he may use the same papers filed in connection 
with the original application, but must pay 
another fee of $15 to the Government. 

The patent when granted will have a term 
of seventeen years from its date. This term 
can be renewed only by special act of Con- 
gress. 

17 



After the payment of the final Government 
fee about three weeks is consumed in print- 
ing the patent and it is then issued, dated 
on the day of issue, which is always on a 
Tuesday. 

Should the Examiner 
Appeals. finally reject the application 

or any claim, upon the 
ground that it is not patentable, or should he 
hold that an application embraces several dis- 
tinct inventions and require the applicant to 
divide his application, an appeal may be taken 
from such ruling to the Examiners-in-Chief, 
before whom a personal argument may be 
made. A Government fee of $io is charged 
upon lodging such appeal. Should the Ex- 
aminers-in-Chief likewise refuse a patent, a 
further appeal may be taken to the Commis- 
sioner of Patents, before whom an argument 
may be made. This involves a further Gov- 
ernment fee of $20. Attorney's charges for 
services upon such appeals vary in different 
cases, being controlled by the amount of work. 
An estimate of such cost will always be given 
the inventor before the appeal is taken. 

The inventor's rights are not exhausted by 
an unfavorable decision of the Commissioner 
of Patents, and every opportunity is afforded 
him to demonstrate that he is entitled to a 
patent. For this purpose an appeal may be 
taken from the decision of the Commissioner 
of Patents to the Court of Appeals of the 
District of Columbia and if this appeal fails a 
suit may be brought in the United States 
i8 



Courts against the Commissioner of Patents 
to compel him to grant a patent. 

A valid patent may not be 
Novelty of invention, secured if the invention has 
been in public use or on sale 
in this country for more than two years prior 
to the application unless the same is proven 
to have been abandoned. A description of 
the same in any patent or publication, pub- 
lished either in this or a foreign country, 
prior to the invention thereof by the appli- 
cant, or more than two years before the ap- 
plication, will likewise prevent the obtainment 
of a valid patent. 

The fact that the inventor or his represen- 
tative may have applied for a patent in a 
foreign country, before filing his application 
in this country, will not necessarily deprive 
him of the right to obtain a valid U. S. 
patent, but the application for the patent here 
must be filed within twelve months after the 
filing of the foreign appHcation. 

The most important in- 
Foreign patents, ventions are usually pat- 
ented in the principal for- 
eign countries, in which the ingenuity of the 
American inventors is highly appreciated. 

The patent laws of such countries differ 
in several important particulars from those 
of the United States, for instance, in some 
of them the patent is granted to the first per- 
son introducing the invention. In some a 
valid patent cannot be obtained if the inven- 
tion has been described in a printed pubHca- 
19 



tion, circulated in the country before the ap- 
plication is filed. 

In view of these facts, we advise that for- 
eign patents, where desired, be applied for be- 
fore the issue of the United States patent. 

Ample time within which to apply for said 
foreign patents before the publication of the 
invention here is provided in the six months 
after the allowance of the application, dur- 
ing which the inventor is allowed to delay 
paying the final Government fee of $20. 

Detailed information as to foreign patents, 
their duration, cost, etc., will be furnished 
upon request. 

An invention which is 
Caveats. partially developed but has 

not yet assumed such defi- 
nite shape that a patent can be applied for, 
may receive a species of protection by filing 
a caveat for the same in the Patent Office. 
This consists of a short description of the 
invention setting forth the object and the dis- 
tinguishing characteristics thereof. It should 
be accompanied, where possible, by a drawing, 
not necessarily of the kind required in patent 
applications, and a Government fee of $10 
must be paid. 

The inventor is thereupon entitled to re- 
ceive notice from the Patent Office should 
any person apply for a patent for his device 
and he will be given three months time with- 
in which to prepare and file his own applica- 
tion for a patent. 

Caveats are principally useful as establish- 



ing a date but furnish no protection against 
an unauthorized use of the invention. 

The term is one year, which may be re- 
newed. Attorneys fees are $15; making the 
total cost of the caveat $25. 

Patents are issued for de- 
Design patents, signs for articles of manu- 
facture. The design must 
be new, original, and ornamental, and must 
not have been in use or published more than 
two years before the patent is applied for. 
Such patents may be obtained for terms of 
3/4, 7 or 14 years, and the corresponding 
Government fees are $10, $15 and $30, payable 
when the application is filed. There is no 
final fee as in case of patents for inventions 
in manufactures, etc. The proceedings upon 
an application for a design patent, the prepa- 
ration of the application, and the examina- 
tion and prosecution of the same are similar 
to those upon an application for a patent for 
an invention in manufactures, etc. 

Where a foreign patent has been obtained 
by an inventor for his design before he ap- 
plies for the U. S. patent, the application for 
the U. S. patent must be filed within 4 months 
after the date of filing the foreign applica- 
tion. 

Errors in a patent due to 
Reissues. accident, mistake or inad- 

vertence and arising with- 
out a fraudulent or deceptive intention, may 
in some cases afford the basis of a reissue, 
which will correct them. The application for 



a reissue should be made promptly when the 
defect is discovered. Two years is usually 
regarded as the limit of time within which 
a reissue may be obtained, but this limit is not 
arbitrary. The original patent must be sur- 
rendered, but will be returned if the reissue 
is not granted. If granted the reissue runs to 
the end of the term for which the original 
patent was granted. The government fee 
upon a reissue is $30, payable upon the filing 
of the application. 

Care should be taken in 
Attorneys. the selection of a reliable at- 
torney. Much skill and 
technical knowledge are required to prepare 
an application and prosecute it properly before 
the Patent Office, so as to secure adequate 
protection to the inventor. The results of 
inefficient work may and probably will not be 
apparent until too late to correct, and a small 
amount saved in the preliminary expenses may 
mean the loss of valuable rights. 

Patents heretofore granted 
Printed copies of ^^ obtained in printed 

patents. . ■' ,. , ^ 

form at a slight expense. 

These are classified at the Patent Office ac- 
cording to their subject-matter and are sub- 
divided so that an inventor may obtain prac- 
tically every patent relating to any particular 
subject or type of machine. If desired we 
will inform inventors of the number of pat- 
ents issued in any particular subdivision and 
of the expense of obtaining copies thereof. 
It may be and usually is of value to an in- 
22 



ventor to know what has been accomplished in 
any particular line upon which he may be 
working. 

All articles containing the 
Marking articles ^gnted invention should be 
patented. ^ 

marked with the word pat- 
ented," together with the day and year the 
patent was granted. If the character of the 
article prevents this, the patent mark should 
be placed on a label affixed to the package 
enclosing the article. The fraudulent use of 
such a patent mark renders the guilty person 
liable to heavy penalties. 

We warn inventors 
Sale of patents, against employing agents 

who are unknown to them 
and who demand fees in advance, for the sale 
of patents. We do not know of any instances 
where inventors have been benefited by such 
means. Their profit usually comes out of the 
deposits the inventors make and not from the 
sale of patents. Do not enter into any busi- 
ness arrangement regarding the patent with- 
out submitting it to your patent attorney. 



INTERFERENCES. 

These are declared when two or more pend- 
ing applications for patents describe and 
claim the same invention. In such case, after 
the Examiner has found the invention to be 
patentable, the applications are declared to 
interfere with each other and the parties are 
23 



required to file preliminary statements show- 
ing the dates of conception of the invention, 
when it was first reduced to practice, etc. 
They are then given time wherein to present 
proofs from which the Commissioner of 
Patents decides v/hich applicant is entitled to 
a patent. In some cases the interference is 
decided on the statements, without proofs. 
Appeals are permitted from unfavorable de- 
cisions in the same manner as with applica- 
tions. 

The proceedings upon such interferences 
are technical and partake of the character of 
a suit in Court. They require the services 
of a skilled patent lawyer. 

In deciding the question 
Importance of ^^ priority between rival in- 
diligence. '^ ■' , ,. . 

ventors, whose applications 

have been declared to interfere, much im- 
portance is placed upon the degrees of dili- 
gence shown by the respective inventors. 
This relates more particularly to the time re- 
quired to develop the invention, or reduce the 
same to practice after it has been conceived. 
An application for patent describing an opera- 
tive machine is viewed in the light of a reduc- 
tion of the invention to practice. It may 
happen that the inventor who was the last 
to conceive the invention but the first to file 
his application, illustrating an operative ma- 
chine, may be awarded a patent, as against an 
earlier inventor, who delayed filing his ap- 
plication, or reducing the invention to prac- 
tice. The importance of filing an application 
24 



at the earliest available moment is therefore 
apparent. 

INFRINGEMENTS OF 
PATENTS. 

Should the patentee's exclusive right to 
make, use and sell the invention be violated 
in any way, redress may be obtained by a 
suit in the United States Courts, and in such 
a suit the complainant may obtain an injunc- 
tion prohibiting the further unlawful use of 
the invention and in addition thereto may 
secure the profits which the defendant has 
made by his infringement, the damages which 
the complainant has sustained thereby and 
the costs of the suit. 

In such suit convincing evidence must be 
brought before the Court of the merits of the 
invention and of the use thereof by the de- 
fendant. 

Such cases are argued before Judges who 
are learned in the patent law and who are 
usually possessed of great technical skill and 
experience. A patient and careful considera- 
tion of the patent and of the infringing de- 
vice as well as of all the proofs presented is 
assured. 

If the Court finds in favor of the patent an 
assessment of damages and profits is then 
ordered. Should the ruling of the Court be 
unsatisfactory, an appeal may be taken to the 
United States Circuit Court of Appeals. 

25 



We have conducted many suits for in- 
fringements of patents, relating to many- 
kinds of inventions, both mechanical, chemical 
and electrical, and are prepared at all times 
to advise owners of patents as to their prob- 
able rights under patents, and concerning 
questions of infringement and to state the 
probable cost of such suits. 



TRADE MARKS. 

The owners of trade marks may register 
them in the United States Patent Office, upon 
payment of a Government fee of ten dollars 
for each mark. Registration is effective for 
a term of 20 years and upon application made 
6 months prior to the expiration of such term, 
may be renewed upon the same terms. 

Trade marks to be registered must be used 
in interstate commerce, foreign commerce, or 
in commerce with Indian Tribes. Certain 
trade marks are not registerable, for instance, 
those conflicting with previously registered 
marks for similar articles; those which are 
descriptive of the goods to which they are 
appHed, or of their quality; geographical 
terms; those containing immoral or scandal- 
ous matter, those containing the flag or coat 
of arms of the United States or any State, 
City or foreign government; names of in- 
dividuals, firms or corporations; or the por- 
trait of a living individual, without his con- 
sent, etc. Names of individuals, firms or cor- 
26 



porations may be registerable if printed, 
written, woven, etc., in a distinctive manner, 
or used in connection with a portrait. 

Certain marks otherwise incapable of regis- 
tration may be registered when they were in 
the exclusive use of applicant or his prede- 
cessors, for at least ten years preceding Feb- 
ruary 20, 1905. 

We will advise, without charge, as to 
whether or not any trade mark is a proper 
one for registration. 

A search may be made to ascertain whether 
or not the trade mark is original with the 
applicant at an expense of about $5. 

The registration of a 

prima facie evidence of the 
ownership thereof. Additional rights con- 
ferred by registration are the establishment 
of a date for the purposes of priority, notice 
to all persons of the rights of the registrant, 
the right to exclude imported goods bearing 
counterfeits of the trade mark, the right to 
sue in the United States Courts in certain 
cases, where the owner of the mark could not 
otherwise do so, the right of the Court to 
increase the damages threefold in a suit for 
infringement of a registered mark, the right 
to prevent any one from registering a con- 
flicting mark for the same goods, etc. 

The registration of a trade mark may be op- 
posed by a party liable to be damaged by such 
registration, verified notice of opposition, 
giving the grounds upon which it is based, 
27 



must be filed within thirty days after publica- 
tion of the mark in the Official Gazette. In 
other respects the procedure upon application 
to register a trade mark is the same as that 
upon an application for a patent. 
Information required To effect the registration 
to register a trade of a trade mark, the follow- 
mark. ing information must be 

supplied. 

1. The date when the mark was adopted 
or first used. 

2. A statement of the goods upon which 
the trade mark is used. 

3. How it is applied to the goods. 

4. If it is printed or applied directly upon 
the goods, a sample should be sent if possible 
so that an exact drawing may be made. 

5. If it is printed upon labels, six of the 
labels should be sent. 

6. The names of such Indian tribes, for- 
eign countries, or states, in commerce with 
which the mark is used, should be stated. 

7. If the trade mark is used by a firm give 
the full names of all of the members of the 
firm. 

8. If a corporation, the state in which it 
is incorporated. 

9. If an individual, his residence and busi- 
ness address. 

Trade marks may be as- 

Assignment of trade gj^g^ in connection with 

marks. , , . . , , . , 

the busmess with which 

they are used. They may not usually be di- 
vided up and assigned in part or their use 
28 



licensed by different parties as is the case 
with a patent. 

Notice should be given of 
Marking articles, the fact that the trade 
mark has been registered 
by affixing thereon the words " Registered in 
U. S. Patent Office " or in abbreviated form 
" Reg. U. S. Pat. Off." When this cannot be 
done a like notice should be contained upon 
a label attached to the package or receptacle 
containing the article. 



INFRINGEMENTS OF TRADE 

MARKS AND UNFAIR 

COMPETITION. 

The protection afforded in the United 
States to manufacturers and others employ- 
ing trade marks and distinctive methods of 
preparing articles for sale is very full and 
complete. In these days when large sums are 
expended in advertising goods it is vitally 
necessary both for the protection of the manu- 
facturer as well as of the public that pur- 
chasers should get genuine goods. The ease 
with which labels and trade marks may be 
simulated has led many unscrupulous dealers 
to prepare imitations of advertised goods, 
which, owing to reduced cost of production, 
they are able to sell as the genuine at a larger 
profit. The Supreme Court of the United 
States has denounced such practice, saying: 
29 



" Rival manufacturers * * * have no right 
by imitative devices, to beguile the public into 
buying their wares under the impression they 
are buying those ' of their rivals.' " 

Defendants, in such cases, may not only be 
placed under injunction but made to surrender 
the entire profit which they have illegally ac- 
quired as well as to pay the usual costs. In 
actions for infringement of a registered 
trade mark the Court has the power after the 
damages sustained by complainant have been 
ascertained, to increase the same threefold. 

We have prosecuted many of such suits and 
will be pleased to give our opinion as to the 
probabilities of succeeding in any particular 
case laid before us. The course of procedure 
in many respects resembles that in a patent 
suit. 



COPYRIGHTS FOR BOOKS, 
WORKS OF ART, MUSI- 
CAL COMPOSI- 
TIONS, ETC. 

Copyrights may be entered 
Who may obtain, in the name of the author, 
designer, composer, etc., or 
in the name of another party, who, by ac- 
quiring the right from him, may make such 
entry as proprietor. Such proprietor may be 
a firm, corporation, trustee, etc. 
Any citizen of the United States may reg- 
30 



ister a copyright and any alien citizen of a 
state which grants similar privileges to citi- 
zens of the United States, etc. Copyrights 
may now be entered in the United States by 
citizens of Belgium, Chili, Costa Rica, Den- 
mark, France, Germany, Great Britain and 
possessions, Italy, Mexico, Netherlands and 
possessions, Portugal, Spain, Switzerland, 
Cuba and China. 

Copyrights are entered in 
^^^*irghted''°^^'*^ Office of the Librarian 
of Congress and also in the 
Patent Office. 

In the office of the Librarian of Congress 
may be entered articles of original composi- 
tion, valued for their literary or artistic merit, 
such as Books, Charts, Dramatic Composi- 
tions, Musical Compositions, Photographs, 
Photographic Negatives, Chromos, Litho- 
graphs, Periodicals, Paintings, Drawings, 
Statuary, and Models of Designs intended to 
be perfected as works of the fine arts. En- 
gravings, Cuts, Prints (the last three must 
be possessed of artistic value, or such as are 
sold or used to illustrate a book to be regis- 
tered in the Librarian's Office; others are 
registered in the Patent Office), Registra- 
tion in the Office of the Librarian of Congress 
requires a Government fee of $i which in- 
cludes a certificate of registration. 

The Patent Office registers copyrights for 
Prints and Labels which are applied to vend- 
ible commodities or which relate to them. 

A " print " in the Patent Office includes a 
31 



production which relates to an article of 
manufacture but is not borne by it, e. g. an 
advertisement. A " label " includes a produc- 
tion which is applied directly to some manu- 
factured article or to the package containing 
the same, or a label affixed thereto, to indi- 
cate the article of manufacture. They must 
both possess some literary or artistic merit 
and must be descriptive of the articles. Regis- 
tration in the Patent Office requires a Gov- 
ernment fee of $6 in each case. 

Copyright protection can 
When to secure a ^^j ^^ obtained by regis- 
copyright. jo 

tration before the Book, 

Map, Print, Label, etc., is published. A pub- 
lication previous to applying for copyrights 
will forfeit the right to obtain a valid copy- 
right. 

Not later than the day the 
How to secure a ^^^^ -^ ^bUshed, a printed 
copynght. r A. ^-^i /i, j 

copy of the title must be de- 
posited in the office of the Librarian of Con- 
gress or mailed him and certain prescribed 
information furnished. In case of articles 
such as a painting, drawing, statuary, statue, 
model or design, a description sufficient to 
identify the article must be sent, in addition 
to the title, if there is one. If the work be 
printed, as a book, map, etc, printed copies of 
the best edition must be sent. In case of a 
painting, drawing, statue, statuary, model or 
design, a photograph of the work must be 
sent. A penalty of $25 is incurred for failure 
to deposit the required copies or photographs. 
32 



In case of a book the two copies must be 
printed from type set within the United 
States or from plates made therefrom. Pho- 
tographs must be made from negatives made 
in the United States, and chromos and litho- 
graphs from drawings on stone made in the 
United States. The two printed copies of 
the books, etc., or the photograph of the 
painting, etc., must be delivered at the office 
of the Librarian of Congress in Washington or 
deposited in the mail within the United States 
addressed to him, not later than the day of 
publication. Where a book contains several 
volumes, each volume should be entered sepa- 
rately, and each edition should also be sepa- 
rately entered. 

For Patent Office registration of com- 
mercial prints or labels, twelve copies are 
necessary. 

Every copy of a copy- 
Copyright notice, righted work should bear a 
notice of the copyright read- 
ing " Copyright 190 , by " 

In the case of a book this notice must ap- 
pear on the title page or on the page imme- 
diately following. 

In case of other works the notice must be 
inscribed on some visible portion thereof or on 
the substance on which the same is mounted. 
Failure to observe this requirement will re- 
sult in the loss of protection under the regis- 
tration. A penalty is imposed by law for 
false use of this copyright notice. 
33 

Le or €* 



A copyright is granted for 
Tenn of copyright, a term of 28 years from the 
time of recording the title, 
and it may be extended by the author, in- 
ventor or designer, if he be living, or his 
widow or children, if he be dead, for a further 
term of 14 years, by a second registration, 
effected within six months before the expira- 
tion of the first term. In such case certain 
publication in regard to the renewal is re- 
quired. 

Copyrights may be as- 
Transfer of Copy. ^. ^^ ^ ^ ^^.^^^^ . _ 

rights. ^ a u 

ment. Such assignments 

should be recorded within sixty days after 

their execution. 



ATTORNEY'S CHARGES. 

The charges scheduled below apply to ordi- 
nary cases. In some cases a higher fee must 
be charged by reason of increased cost of 
drawings, and greater amount of v/ork re- 
quired. 

Preliminary examination $ 5 00 

Application for a patent, attorney's fee... 40 00 

Government filing fee 15 00 

Government issuing fee 20 00 

Application for the reissue of a patent, 

attorney's fee 60 00 

Government fee 30 00 

Application for a design patent, attorney's 

fee 25 00 

Government fee 3^ years 10 00 

34 



Government fee 7 years 15 00 

Government fee 14 years 30 00 

Registration of a trade mark, attorney's 

fee 15 00 

Government fee 10 00 

Copyright with Librarian of Congress, 

attorney's fee 5 00 

Government fee i 00 

Copyright in Patent Office, attorney's fee. 9 00 

Government fee 6 00 

Caveat, government fee 10 00 

Caveat, attorney's fee 15 00 

Our firm is composed of 
^'''Tm.°*°''' ^w° members, Clifford E. 
Dunn and Henry M. Turk. 
Both members are attorneys and counselors 
at law and admitted to practice in the Courts 
of the State of New York and in the United 
States Court of many states and both are 
registered at the U. S. Patent Oflfice. Mr. 
Dunn is also an electrical engineer and a 
member of the American Institute of Elec- 
trical Engineers, the American Electro- 
Chemical Society and other scientific bodies 
and has been engaged for many years in the 
practice of patent law. Mr. Turk has had 
an experience of over twenty-five years in the 
practice of patent law and soliciting of pat- 
ents, and has been actively connected with 
many and important suits for infringements 
upon patents, trade marks, unfair competi- 
tion, etc. 

We will be pleased upon request to give 
35 



references to clients for whom we have trans- 
acted business. 

We shall be pleased to attend to the prep- 
aration of applications for patents for in- 
ventions and designs and to the registration 
of trade marks and entering of copyrights, 
and to the prosecution or defense of suits for 
infringement of letters patent or trade marks 
or for unfair competition. 

Upon request we will cheerfully supply any 
further desired information upon the topics 
treated of in these pages. 

DUNN & TURK, 
13-21 Park Row, 

New York. 



36 



